[House  ^ili.,  No.  82.1 

HOUSE  OF  REPRESENTATIVES,.  May  12,  1864.— Read  first 
and  second  times,  referred  to  the  Committee  on  CJanosj  and  ordejred 
to  be  printed. 

[By  Mr.  Akin,  of  Georgia.] 


A     14  ILL 

To  be  entitled  '*  An  Act  to  provide  for  the  appointment  of  Couiuiir- 
sioncrs  in  the  several  States  of  the  Confederacy  to  inquire  into 
and  report  upon  the  claims  of  citizens  against  the  Government  of 
the  Confederate  States  for  property  taken,  used,  injured  or 
destroyed  by  the  army,  or*  any  part  of  it.  of  the  Confederate 
States,  and  to  provide  for  the.  punishment  of  perjury,  subornation 
of  perjury  and  for  presenting  fraudulent  claims 

1  Section  1.   The   Congress  of  the   Confederate  States  of  America 

2  do  enact,  That  the  'President  shall,  immediately  after  the  passage 

3  of  this  act,   appoint  one   Commissioner  for  each  State  of  the 

4  Confederate  States,  who  shall  be,  at  the  time  of* his  appoint- 

5  ment,  a  citizen  of  the  State  for  which  lie  is  appointed,  whose 

6  duty  it  Bhall  be  to  hold  one  or  more  sessions,  as  the  ends  of 

7  justice  may  require,  in  each  county,  district  or  parish  of  tho 

8  State  for  which  he  is  appointed,  and  in  which  county,  district  or 

9  parish  the  army  of  the  Confederate  States,  or  any  part  of  it,  ha3 


in  taken,  used,  id  jured  or  destroyed  any  property  of  auy  kind  beloiig- 

1 1  ing  to  any  citizen  of  the  Confederate  States,  and  to  hear  all  the 

1 2  testimony  submitted  to  him. in  support  of  any  claim  of  any  citizen 

13  for  property  of  any  kind  taken,  used,  injured  or  destroyed  by, the 

1 4  army  of  the  Confederate  States,  or  any  part  of  it ;  and  the  testi- 

15  mony,  when  orally  submitted,  s"hall  be  reduced  to  writing  by 

16  said  Commissioner, or  a  clerk  to  be  by  him  appointed;  and  the 

17  testimony  thus  reduced  to  writing,  in  support  of  any  claim,  with 

I  B  the  depositions  of  witnesses  to  be  taken  as  hereinafter  provided, 

19  shall  be  carefully  sealed  up  by  said  Commissioner  and  sent  to 

20  the  Attorney  General  of  the  Confederate  States. 

1  Sec.  2.  And  be  it  further  enacted,  That  after  the  Commissioner 

2  has  heard  all  the  evidence  suhmitted  to  him  orally  and  read  or 

3  heard  read  all  the  depositions  in  support  of  any  claim  presented 

4  to  him,  he  shall  decide  thereon,  and  if,  in  his  opinion,  said  claim, 

5  or  any  part  of  it,  is  just  and  ought  to  be  paid  by  the  Confederate 
o'  States,  he  shall  so  state   in  writing,  showing  the   amount  that 

7  ought  to  be  paid,  ;uul  brielly  give  his  reasons  therefor;  and,  if  he 

8  should  be  of  the  opinio7i  thai  ;aid  claim  is  not  just  and  ought  not 

9  to  be  paid,  he  shall  brielly  give  1ms  reasons  for  his  opinion,  and 

111  said  opinion  Bhall                I  bv  him  and  scaled  up  with  the  evi- 

■ 

I I  dence  is  the  case  and  sent  up  to  the  Attorney  General. 

l  Sbc.  •*>'.  And  be  it  further  enacted,  That  each  Commissioner, 
»] 'j. Minicl  under  the  provisions  of  this  act,  shall  have  power,  and 


3  he  is  hereby  required,  to  prescribe  rules  for  taking  the'deposi 

4  tions  of  witnesses  in  support  of  claims  brought  before  him,  -when 

5  the  witness  resides  out  of  the  county,  district  or  parish  in  which 

6  the  claims  are  examined,  or  when  the  witness,  from  the  sickness 

7  of  himself  or  family,  or  from  his  employment  in  the  public 
8,  service,  or  from  age  or  infirmity,  or  from  absence  beyond  the 
9  jurisdiction  of  the  State,  county,  district  or  parish,  is  unable  to 

10  attend  the  sessions  held  by  said  Commissioner;  and  the  rules 

11  prescribed  by  said  Commissioner,    shall  conform,    as    near    as 

12  practicable,  to  the  rules  and  regulations  prescribed  by  the  laws 

13  of  the  State  for  taking  depositions  to  be  read  in  evidence  in  State 

14  courts,  in  which  said  depositions  are  used  in  support  of  claims. 

1  Sec   4.  And  be   it  further  enacted,    That    the   Commissioner 

2  appointed  for  each  State  shall  be  authorized  to  appoint  some  fit 

3  and  proper  person  to  act  as  clerk"  for  said  Commissioner,  whoso 

4  duty  it  shall  be  to  keep  a  docket  containing  all  the  cases  of 
o  claims  presented,  entering  each  case  on  the  docket  in  the  order 

6  presented,  and  to  take  down  and  reduce  to  writing  the  oral  testi- 

7  mony   of   any  witness  examined-  before  said  Commissioner  in 
8-  support  of  any   claim,   at   the   time  it   is 'delivered,   and  when 
9  jeduced  to  writing  the  sarfie  shall  be  read  by  the  witness  or  care- 
ID  fully  read    to  him,  and,  if  approved  by  him,  he   shall  sign  the 
1  1  same  in  the  presence  of  the   Commit isioner,  who  shall   attest  the 
12  same  as  a  witness. 


-1 

]  Si.l  .   ."».    And  be   if  further  enacted,    That  each   Commissioner 

1  appointed    under   this    act,    and  each    clerk    appointed    by   the 

Z  Commissioner,   Bhall  take  an    oath   to  support   and  defend  the 

1  Constitution  of  the  Confederate  States  o£  America,  and,  to  the 

5  best  of  his  ability,  faithfully  and  impartially  discharge  the  duties 
i)  «»f  his  office. 

1  Sec.    6.  And  be  it  further  enacted.  That  each   Commissioner 

2  appointed  under  this  act  shall  have  power  to  compel,  the  attend- 

3  ance  of  witnesses,  the  answering  of  interrogatories,  the  produc- 
I  tion  of  papers,  and  to  administer  oaths  to  witnesses  examined 
iy  before  him,  and  to  preserve   order  while   holding  his  sessions ; 

6  and  any  person   swearing  falsely  before   said   Commissioner,  or 

7  falsely  swearing  to  depositions  authorized  to  be  taken  by  said 
vS  Commissioner,  shall  be  guilty  of  the  crime  of  perjury,  and,  on 
9  conviction  thereof,  before  a*ny  court   having  jurisdiction  of  the 

10  same,  shall  be  imprisoned  in   the  penitentiary  of  the   State  in 

1 1  which  said  conviction  shall  take  place,  and  if  there  be  no  peni- 

12  tentiary  in  the  State,  then   he.  or  she   shall  be  imprisoned  in  the 
l\!  county  jail  for  any  time  not  less  than  five  nor  more  than  twenty 

14  years  ;  and  if  any  person  shall  induce  or  procure  another  to  swear 

15  falsely  in  support  of  any  claim,  either  before  a  Commissioner  qr  to 

16  depositions  authorized  to  be  taken.by  said  Commissioner  in  support 

17  of  any  claim,  he  shall  be  guilty  of  subornation  of  perjury,  and  on 
18-  conviction  thereof,  before  any  court  having  jurisdiction  of  the 


19  same,  shall  be  imprisoned  in  the  penitentiary  of  the  State  in 

20  which  said  conviction  shall  take  place,  if  there  be  a  penitentiary, 

21  and  if  not,  then  in  the  common  jail  of  the  county,  for  any  time 

22  not  less  than  three  nor  longer  than  fifteen  years. 

1  Sec.  7.  And  be  it  further  enacted,  That  any  person  who  shall 

2  present  a  false  and  fraudulent  claim  against  the  Confederate 

3  States,  to  any  commissioner  appointed  under  the  provisions  of 

4  this  act,   shall  be   guilty  of  a  misdemeanor,  and,  on  conviction 

5  thereof,  before  a  court  having  jurisdiction  of  the  same,  shall  be 

6  imprisoned  in  the  State  penitentiary,  if   there  be  one  in  the 

7  State  where  the  conviction  takes  place,  and  if  not,  then  in  the 
S  common  jail  of  the  county,  for  any  time  not  less  than  one  year 
9  nor  longer  than  ten  years,  at  the  discretion  of  the  court. 

1  Sec.  8.  And  be  it  further  enacted,  That  the  docket  of  the  claims 

t  kept  by  the  clerk  appointed  by  the  commissioner  shall  be  called 

3  in  regular  order,  unless  the  commissioner  shall  be  of  opinion 

4  that  justice  requires  a  change  in  the  order  of  calling  the  docket, 

5  and  when>  any  case  is  called  on  the  docket,  the  commissioner 

6  shall,  on  the  application  of  the  claimant,  his  agent  or  attorney, 

7  and  good  cause  shown  under  oath,  continue   the  hearing  of  said 

8  claim,  not  more  than   once  in  any  case,  except  for  providential 

9  cause.  t 

i  Sec  9.  And  be  it  further  emcted,  Tlmt  each  commissioner  shall 


t. 
lue  and  timely  notice  of  the  time  au<l  place  of  holding  each 
.1     session  for  the  investigation  of  claims. 

]  '  '    rihrr  enacted,  That  it  shall  he  the  duty  of 

the  commissioner  in  each  State  to  show,  if  it  can  be  done,  by  the 

3  examination  ..f  \ho  witnesses  in  support  of  each  claim,  or,  other- 

4  who.  what   division,  regiment  or  battalion  the  troops 
.")     belonged  which  took,  used,  injured  or  destroyed  the  property  o 
C      tl.               D  tor  which  the  claim  is  presented. 

I  Sk< .  II.'  And  If  it  further  enacted,  That  it  shall  be  the  duty  of 
*     tlio  c  Tier  to  cross-examine  each  witness  examined  orally 

.;     or  by  written  interrogatories   in  support  of  any  claim,  in  such 
I      wky  si  to  elicit  the  whole  truth,  if  practicable,  in  each  case. 
1         Bee.   It.   And  i>r  it  further  enacted.  That  each  commissioner 

compensation  for  his  services  the  sura  of 

i  r  annum,  and  each  clerk  appointed  by  the  commissioner 

4     shall  receive  as  a.  compensation  for  his  services  the  sum  of 

letters  ]>t*r  annum  ;  hut  the  salary  of  the  commissioner  and  clerk 
ti  ma  v  be  increased  or  'diminished  by  Congress  as  justice  may  re- 
7      (|uirc.  *  , 

1  Bee.   Id,   And  lir  it  further  enacted,  That  when  any  claim,  with 

1  the  evidence  in  the  case,  shall  be  sent  up  to  the  Attorney  General, 
:\  he  shall  examine  the  same,  and  if,  in  his  judgment,  .justice 
•I  ,  requires  that  said  claim  should  be  paid  by  the  Confederate  States, 
1     he  shall,  if  Congress  be  then  in  session,  immediately  send  said 


7 

6  claim  to  the   House  of  Representatives,  and  if  Congress  be  not 

7  then  in  session,  he  shall  send  said  claim  to  the  House  of  Repre.- 

8  sentatives  within   the  first  week  after  the  next  meeting  of  Con- 
,  9  gress,  And  all  the  testimony  connected  with  said  claim,  with  a 

10  recommendation  for  an  appropriation  of  money  to  pay  said  claim. 

11  And  if  the  Attorney  General  shall  be  of  opinion  that  any  claim 

12  sent  up  to  him  should  not  be  paid  by  the  Confederate  States,  he 

13  shall  immediately  send  said  Jclaim,  with  all  the  testimony  con- 

14  nected  therewith,  to  the  court  for  the  trial  of  claims  to  be  estab- 

15  lished  under  the  Constitution  of  the  Confederate  States  ;  and 

16  said  court  shall  decide  upon  the  merits  of  said  claim,  and  if  the 

17  decision  be  in  favor  of  the  claimant,  it  shall  be  the  duty  or*  said 

18  court  to  send  said  claim,  with  the  evidence  connected  therewith, 

19  to  the  House  of  Representatives  at  the  first  meeting  of  CongreeTs 

20  after  the  decision  is  made,  and  if  Congress  be  then  in  session,  to 

21  send  up  the  same  immediately. 

1  Sec.  14.  And  be  it  further  enacted,  That  no  decision  in  favor  of 

2  any  claimant  under  the  provisions  of  this  act  shall  be  binding  on 

3  the  Confederate  States  until  Congress  has  passed  thereon  and 

4  appropriated  money  for  the  payment  of  the  claim. 


